Panel Faults NYC, MTA Over Witnesses in Injury Case
A Manhattan appeals court has struck the answer of New York City and the MTA in a worker-injury case after the defendants failed to produce witnesses and then produced an unprepared witness.
May 24, 2017 at 04:03 PM
4 minute read
A Manhattan appeals court has struck the answer of New York City and the Metropolitan Transportation Authority in a worker-injury case after the defendants failed to produce witnesses and then produced an unprepared witness.
An Appellate Division, First Department, panel wrote in McHugh v. City of New York, 155796/12, that “the city's and the MTA's unexplained noncompliance with a series of court-ordered disclosure mandates … constituted willful and contumacious behavior.”
The decision modified a 2016 ruling by Manhattan Supreme Court Justice Ellen Coin, who denied plaintiff Francis McHugh's motion to strike defendants' answers for discovery violations.
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